The High Court will Friday determine the fate of a businessman who has failed to pay Sh18 million to the family of a man who died after he shot him in a road rage incident more than ten years ago.
Albert Kubai Mbogori had been on the run until Thursday night when he was arrested.
He had applied to be declared bankrupt but his petition was rejected by Justice James Aaron Makau in February. He went under the police radar soon after.
The judge in his ruling said Mr Mbogori failed to fulfil the requirements set out in bankruptcy proceedings.
"I am not satisfied that the petitioner has demonstrated his inability to pay the sum due to the creditor," the judge said, adding that a bankruptcy verdict is meant to protect genuine people who have unfortunately found themselves in debt, "but not fraudsters or conmen".
Mr Mbogori had argued that he was unable to pay the Sh18 million compensation to the family of late Edward Benjamin Rahedi.
Violet Rahedi, whose husband was shot, had accused Mr Mbogori of refusing to pay the amount, more than seven years since she obtained the judgement.
Rahedi was shot in a road rage incident near the Bomas of Kenya by Mr Mbogori on December 1, 2007. He had left at an entertainment club in Ongata Rongai and was involved in a minor accident. He died about three months later in hospital.
Mr Mbogori was arrested and charged with attempted murder. The charge was later changed to murder following the death of Rahedi.
The High Court found him guilty of manslaughter and jailed him for 14 months.
Ms Rahedi later filed the case seeking damages for loss of dependency and expectation of life. She successfully argued that Mr Mbogori negligently fired the bullet from a gun, leading to her husband’s death.
Justice Hatari Waweru then ordered Mr Mbogori to pay the family Sh12.5 million as compensation. Ms Rahedi was to get Sh7 million while her two children were to receive Sh2 million each, with Rahedi’s father getting Sh500,000.
Mr Mbogori filed an appeal but it was dismissed by the Appellate Court saying the amount was justified.
They parties later appeared before the Deputy Registrar early last year where he promised to settle the amount only for him to file for bankruptcy.